What can my girlfriend do to get me back to the US? 7 Answers as of March 01, 2012

My mom took me to the USA when I was 10 years old in 1990. We entered illegally. I met my girlfriend when I was 21. She is a USA citizen and we lived together for 8 Years. We have a son, he is 8 years old. I was deported in 2011. I have no criminal record. But I tried to enter again the same year but I got caught and they gave me a ten years not to go back. My question is what can my girlfriend do so u can get back to be with them?

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Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
Because you were caught after deportation, you are mandatorily barred for minimum of 10 years from the last day you were removed. Unfortunately there are no exceptions to his rule. I recommend that you remain in Mexico, and on the 9th year, your wife apply, if she has not already filed the I-130 petition whereby the process to re-emigrate could start. However, given your history with immigration, you have the burden to prove that you should be permitted to re-enter after removal.
Answer Applies to: California
Replied: 3/1/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
She cannot do anything for you. If you are barred from the US for a period of 10 years, you either need to wait until those 10 years are up or you get married to her and have her petition for you and try for a waiver by showing extreme hardship to a US citizen spouse. In most cases, this is very difficult to prove.
Answer Applies to: California
Replied: 2/27/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Wait at least 10 years prior to coming back. And when you do that, she will have to file a waiver for you in order to re-apply for admission after removal. The problem is that not only were you deported (10-year bar), you were caught trying to come back (10-year bar). It just does not look good for you. I think you should wait at least the initial 10 years and see what happens. Good luck!
Answer Applies to: California
Replied: 2/27/2012
All American Immigration
All American Immigration | Tom Youngjohn
Don't re-enter! Have your girlfriend come and marry you. Have your wife professionally prepare an I-212 waiver of deportation, since you are already out of the country. You may later need an I-601 as well. This case is potentially doable. She should talk to a few immigration lawyers, and hire the one who charges less than $5,000, but who otherwise gets the best reveiws. Thus it is spoken. Thus it is said.
Answer Applies to: Washington
Replied: 2/27/2012
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you were deported from the US and then attempted to enter illegally, then you are not allowed back for ten years. Because of the attempted entry, your wife cannot file the extreme hardship waiver for you during the ten years (as would have been the option otherwise.) Under current law, she is not allowed to even sponsor you until that ten year period has run. If you were the victim of a crime in the US and helped the police, you may be able to do a U visa but this is separate from your wife. Also you need to be very careful as if you are caught, the feds can try to imprison you for up to ten years. This is normally reserved for those with criminal records but you should be aware of that.
Answer Applies to: California
Replied: 2/27/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Attempting to re-enter after a prior deportation effectively results in a 10 year bar that cannot be waived. You would be ineligible to enter the U.S. for 10 years. You should have reached out to an immigration attorney before trying to illegally enter the U.S.
    Answer Applies to: New York
    Replied: 2/27/2012
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